📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Does 1&1 have the right to ask for this?

Options
2»

Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    Does this take us back to ye olde "post a notice in the London Gazette" advice?
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    bod1467 wrote: »
    Does this take us back to ye olde "post a notice in the London Gazette" advice?


    Not really as you need to give a minimum two months leeway for creditors to come forward on a Section 27 notice. (AKA Ye olde post a notice in the London Gazette advice) It is good advice to put a notice in the local papers too.

    I think this company 1&1 are acting pretty shoddily irrespective of whether a whole £17.50 is actually owed or not.

    The options really for the OP are

    1 Do nothing or return the letter marking deceased on it, see what happens

    2 Pay the amount claimed.

    3 Write to the debt collection agency saying that the OPs Mum is deceased and the debt is disputed with 1&1 and you will happily await a court summons for a claim against the estate which you will vigorously defend in court and until this is forthcoming you expect to hear no more from them.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • antrobus
    antrobus Posts: 17,386 Forumite
    arcon5 wrote: »
    Even if they went to court, I wonder how they would enforce a CCJ against a deceased person :/

    They are idiots.

    If they went to court, I'd imagine they'd have problems in getting judgement against a deceased person. In fact I'd imagine that they've problems in persuading a court to even consider the case once it had sight of the death certificate.
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    antrobus wrote: »
    If they went to court, I'd imagine they'd have problems in getting judgement against a deceased person. In fact I'd imagine that they've problems in persuading a court to even consider the case once it had sight of the death certificate.


    Unless you have nothing your debts do not die with you.

    The judgement would be against the estate of the deceased.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Optimist wrote: »
    Unless you have nothing your debts do not die with you.

    The judgement would be against the estate of the deceased.

    Actually they do. The liability passes to the estate. Dead people cannot owe money.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Flyboy152 wrote: »
    Actually they do. The liability passes to the estate. Dead people cannot owe money.
    Well, it is a fine point, but I think Optimist is correct. The estate is something which exists before death - it is not created or incorporated at death, just taken over by executors.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Flyboy152 wrote: »
    Actually they do. The liability passes to the estate. Dead people cannot owe money.

    Which is exactly what Optimist described. You're merely splitting hairs.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.1K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.